David Marder

Background

About David Marder

I focus on complex business litigation. I handle cases in the fields of securities, finance, intellectual property, and other high-stakes business matters. My practice has a heavy emphasis on securities and financial litigation. I have represented individuals and organizations in dozens of investigations and actions brought by the SEC, the Financial Industry Regulatory Authority (FINRA) and state securities regulators. I have defended clients against insider trading allegations, as well as investigations and cases relating to revenue recognition, gifts and gratuities, options backdating, suitability and many other issues. I also represent plaintiffs and defendants in private securities actions, including litigation and arbitration, and other types of financial litigation. Most recently, I represented a bankruptcy trustee in Douglas A. Kelley v. BMO Harris Bank, N.A, in litigation that resulted in the largest jury verdict in Minnesota history. The case arose out of one of the biggest Ponzi schemes in U.S. history involving Tom Petters. Petters was convicted and sentenced to 50 years in prison for fraud using accounts held at M&I Bank, which was acquired in 2011 by BMO Harris Bank. At trial in Federal District Court in Minnesota, the jury found that BMO aided and abetted breaches of fiduciary duty by Petters and his cohorts in using a checking account to launder nearly $74 billion in Ponzi scheme proceeds. The jury awarded $484 million in compensatory damages and nearly $80 million in punitive damages. With the addition of prejudgment interest, the total judgment against the bank increased to over $1 billion. The verdict was overturned on appeal. My practice also includes years of experience litigating patent and other intellectual property disputes in such diverse industries as pharmaceuticals, mechanical products, computer software, medical devices, consumer goods, and integrated circuits. Prior to joining Robins Kaplan, I was Senior Trial Counsel and Assistant District Administrator for the Securities and Exchange Commission, a role in which I served as first-chair trial counsel in numerous high-profile securities fraud and insider trading cases. Earlier in my career, I served as Special Assistant District Attorney for Middlesex County, Massachusetts. I live and practice in Boston, although my practice has included major cases throughout the U.S. For my complete biography and more details about my practice, see or feel free to email me at DMarder@robinskaplan.com or call me at (617) 859-2750.